Entick v. Carrington

919 Howell's State Trials 1029 (1765)

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Nature of the Case

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Facts

On November 11, 1762, four men with force and arms broke and entered the dwelling-house of P and for four hours without his consent and against P's will broke open the doors to the rooms, the locks, iron bars, etc. thereto affixed, and broke open the boxes, chests, drawers, etc. of P in his house, and broke the locks thereto affixed, and searched and examined all the rooms, etc. in his dwelling-house, and all the boxes, etc. so broke open, and read over, pried into, and examined all the private papers, books, etc. of the plaintiff there found, whereby the secret affairs, etc. of the plaintiff became wrongfully discovered and made public; and took and carried away 100 printed charts, 100 printed pamphlets, etc. of the plaintiff there found, and other 100 charts, etc., etc. took and carried away, to the damage of the P of the claimed sum of 2000l. P was also seized. P sued Carrington (Ds) for trespass. Ds asserted that they were lawfully entitled to enter the property because they were doing so under a warrant from Lord Halifax, a member of the Privy Council and Secretary of State, in order to find certain seditious papers. This cause was tried at Westminster Hall before the lord chief justice, [Lord Camden] when the jury found a Special Verdict. If Ds were in fact guilty as charged by P they were liable for 300l. and for those costs and charges, to 40 shillings.